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商業事件審理法之重大變革介紹台灣
鑒於重大商業紛爭事件之發生對公司股東債權人乃至於投資大眾市場均有重大影響並為提升我國整體經商環境及經濟競爭力
Introduction of Major Changes to the Commercial Matter Adjudication Law (Taiwan)
Since the occurrence of an incident involving commercial disputes has a significant impact on a company’s shareholders, creditors and the public
High Court rejects challenge to enforcement where defences were already raised before foreign court
The High Court recently dismissed a challenge to a previous decision to grant permission to enforce a Stockholm Chamber of Commerce award on the basis
Enforcement of foreign arbitral awards and scope of judicial intervention: a minimalist approach
The enforcement of a foreign arbitral award in India is founded on the fundamental principle of minimal judicial intervention in order to further
First annulment of investment arbitration award by Supreme Court
In a recently published decision, the Supreme Court - for the first time - partially annulled an arbitral award issued in an investment arbitration. A
English Court of Appeal upholds stay of court proceedings in favour of arbitration, as relief under the Companies Act 2006 fell within the arbitration agreement and was arbitrable
In Bridgehouse (Bradford No. 2) Ltd v BAE 2020 EWCA Civ 759, the English Court of Appeal upheld a stay of court proceedings in favour of
Government launches pilot scheme on facilitation for persons participating in arbitral proceedings in Hong Kong
On 29 June 2020, the Hong Kong Government launched a Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong
Arbitration Foundation of South Africa (AFSA) launches new arbitration rules for public consultation
On Wednesday, 1 July 2020, the Arbitration Foundation of South Africa (AFSA), launched its new International Arbitration Rules for public comment
The USMCA or “NAFTA 2.0” came into force on 1 July 2020
The US-Mexico-Canada Trade Agreement (USMCA), the replacement to the North American Free Trade Agreement (NAFTA), entered into force on 1 July 2020
La clause d’arbitrage d’Uber est inique, selon la Cour suprême du Canada
Le 26 juin 2020, la Cour suprême du Canada (la Cour ) a rendu sa décision dans l’affaire Uber Technologies Inc. c. Heller. La Cour a tranché en
English courts versus institutional arbitration: how do they compare in their approach to virtual hearings?
The Covid-19 pandemic poses an unprecedented challenge to legal proceedings. Restrictions on travel and movement imposed by governments all over the
Dispute resolution regulations for bunkering operations
Transport Malta's Ports and Yachting Directorate recently issued a port notice to remind recipients about the Dispute Resolution (Procedures
Not only hardship, but also hard Awards !
ICC award (no. 16369, YCA 2014 at 169) has held that the equilibrium of a contract is fundamentally altered when the value of the performance which
Russian Ministry of Justice clarifies Russian arbitration legislation upon joint request of HKIAC and VIAC
In February 2020, the Hong Kong International Arbitration Centre (the “HKIAC”) and the Vienna International Arbitration Centre (the “VIAC”) jointly
Are antitrust disputes arbitrable? The Supreme People's Court's view
Including an arbitration clause is commonplace in China-related contracts, especially between Chinese and non-Chinese parties. Foreign companies
Global: The Future of Dispute Resolution
The COVID-19 pandemic will have long-lasting effects on our society and economy. It has already forced us to reevaluate how we socialize, work and
Arbitration Pact Rulings Show Signature Snags For Employers
There is little debate that the legal landscape has tilted in favor of enforcing arbitration agreements in the employment context
Governing law of an arbitration agreement in the absence of an express choice in Vietnam
Under the law of Vietnam, in case a contract between a Vietnamese and a foreigner (i) selects Vietnamese law as its governing law for the whole
Schein On: Supreme Court to Decide Key Arbitration Delegation Question
The Henry Schein arbitration battle is making its way to the Supreme Court again. The Court recently granted Henry Schein, Inc.’s certiorari petition
Watch Your Stipulation! Award Confirmed Despite Arbitrator Exceeding Contractual Scope of Authority
Once parties agree to arbitrate, courts generally defer to the arbitrator’s judgment regarding resolution of a dispute. The prevailing approach in
Sixth Circuit: incorporation of AAA Rules delegates “gateway” issue of arbitrability to the arbitrator
A key issue is whether the parties’ arbitration agreement requires that an arbitrator decide the threshold issue of arbitrability. That is an issue
Supreme Court reinstates adjudication as a key tool for liquidators
An unfortunate but inevitable consequence of the economic downturn induced by COVID-19 is that an increasing number of construction companies will
D.C. Circuit Decision Underscores Need for Careful Drafting of Choice of Law Clauses in Host Country Agreements
Project development agreements with states and state-owned enterprises (SOEs) are often governed by the law of the host country (sometimes with
Vietnam ratifies investment treaty with EU, embracing a “next generation” permanent investment tribunal
On 8 June 2020, Vietnam ratified the EU-Vietnam Investment Protection Agreement (EUVIPA). Once it enters into force, the EUVIPA will provide
NCLT Mumbai: Unenforced Foreign Award can be the Basis for a Claim for a CIRP Application
On 9 June 2020, the Mumbai Bench of the National Company Law Tribunal (NCLT) passed an order admitting a petition for the initiation of the corporate
Hong Kong court upholds arbitral award challenged on grounds of lack of arbitration agreement and public policy
The only recourse for a party seeking to challenge a Hong Kong award is to apply to the Hong Kong Court of First Instance (“Court“) for
Price Gouging Weekly Round Up
Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide
Supreme Court of Canada Invalidates Uber Arbitration Clause in $400-Million Class Action
On June 26, 2020, the Supreme Court of Canada released its decision in the highly publicized case of Heller v Uber Technologies Inc. The case arises